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Current Status Bill Number:View additional legislative information at the LPITS web site.3786 Ratification Number:241 Act Number:236 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990325 Primary Sponsor:Fleming All Sponsors:Fleming Drafted Document Number:l:\council\bills\pt\1392dw99.doc Date Bill Passed both Bodies:20000222 Date of Last Amendment:20000210 Governor's Action:S Date of Governor's Action:20000307 Subject:Elections, Candidates; statement of intention of candidacy, certification and qualifications; Ballot standards, style History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000331 Act No. A236 ------ 20000307 Signed by Governor ------ 20000301 Ratified R241 House 20000222 Concurred in Senate amendment, enrolled for ratification Senate 20000215 Read third time, returned to House with amendment ------ 20000215 Scrivener's error corrected Senate 20000210 Read second time, notice of general amendments Senate 20000210 Committee amendment adopted Senate 20000209 Committee report: Favorable with 11 SJ amendment Senate 20000119 Introduced, read first time, 11 SJ referred to Committee House 20000118 Read third time, sent to Senate House 20000113 Amended, read second time House 19990603 Request for debate withdrawn by Representative Simrill Knotts Fleming House 19990601 Request for debate by Representative Cobb-Hunter Scott Bales Lloyd Hayes J.H. Neal Howard Gourdine Knotts M. Hines Simrill Moody- Lawrence Mack Fleming Hawkins Davenport Harrison House 19990527 Debate adjourned House 19990525 Committee report: Favorable with 25 HJ amendment House 19990325 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on May 25, 1999 - Word format Revised on January 13, 2000 - Word format Revised on February 9, 2000 - Word format Revised on February 10, 2000 - Word format Revised on February 15, 2000 - Word format
(A236, R241, H3786)
AN ACT TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN A GENERAL ELECTION, SO AS TO PROVIDE THAT THE STATEMENT OF INTENTION OF CANDIDACY MUST CONTAIN A STATEMENT THAT THE CANDIDATE MEETS, OR WILL MEET BY THE TIME OF THE GENERAL ELECTION, THE QUALIFICATIONS FOR THE PARTICULAR OFFICE SOUGHT; TO AMEND SECTION 7-11-210, AS AMENDED, RELATING TO NOTICE OF CANDIDACY AND PLEDGE, SO AS TO INCLUDE CANDIDATES NOMINATED BY POLITICAL PARTY CONVENTION, PROVIDE THAT A CANDIDATE MUST CERTIFY THAT HE MEETS, OR WILL MEET BY THE TIME OF THE GENERAL ELECTION, THE QUALIFICATIONS FOR THE PARTICULAR OFFICE SOUGHT; TO AMEND SECTION 7-13-40, AS AMENDED, RELATING TO CERTIFICATION OF NAMES OF PRIMARY CANDIDATES, SO AS TO REQUIRE WRITTEN CERTIFICATION AND PROVIDE THAT POLITICAL PARTIES MUST VERIFY QUALIFICATIONS OF CANDIDATES PRIOR TO CERTIFICATION; TO AMEND SECTION 7-13-320, RELATING TO BALLOT STANDARDS AND SPECIFICATIONS, SO AS TO PROVIDE THAT EACH COUNTY ELECTION COMMISSION MUST PROVIDE A COPY OF EACH BALLOT STYLE TO BE USED FOR PRIMARY, GENERAL, AND SPECIAL ELECTIONS IN THE ABSENTEE PRECINCT TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION NOT LATER THAN SEPTEMBER FIFTEENTH IN THE CASE OF GENERAL ELECTIONS, AND NOT LATER THAN FORTY DAYS PRIOR TO THE DATE OF THE ELECTION IN THE CASE OF SPECIAL AND PRIMARY ELECTIONS; TO AMEND SECTION 7-13-330, RELATING TO THE FORM OF A GENERAL ELECTION BALLOT, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 7-13-350, AS AMENDED, RELATING TO CERTIFIED CANDIDATES NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO PROVIDE THAT CERTIFICATION MUST BE IN WRITING AND MUST BE EFFECTED NOT LATER THAN AUGUST FIFTEENTH, RATHER THAN SEPTEMBER FIRST, REQUIRE POLITICAL PARTIES NOMINATING CANDIDATES BY PRIMARY OR CONVENTION TO VERIFY THE QUALIFICATIONS OF THOSE CANDIDATES BEFORE CERTIFICATION TO THE AUTHORITY CHARGED BY LAW WITH PREPARING THE BALLOT, REQUIRE THE WRITTEN CERTIFICATION REQUIRED BY THIS SECTION TO CONTAIN A STATEMENT THAT EACH CANDIDATE CERTIFIED MEETS, OR WILL MEET BY THE TIME OF THE GENERAL ELECTION, THE QUALIFICATIONS FOR THE OFFICE FOR WHICH HE HAS FILED, AND TO PROHIBIT THE CANDIDATE'S NAME FROM BEING PLACED ON THE BALLOT IF HE DOES NOT MEET THE QUALIFICATIONS FOR THE OFFICE FOR WHICH HE HAS FILED; TO AMEND SECTION 7-13-351, AS AMENDED, RELATING TO NOMINEES BY PETITION, SO AS TO PROVIDE THAT ANY PETITION MUST BE SUBMITTED TO THE APPROPRIATE AUTHORITY NOT LATER THAN JULY FIFTEENTH RATHER THAN AUGUST FIRST; TO FURTHER PROVIDE THAT THE BOARD OF VOTER REGISTRATION OF EACH COUNTY MUST CERTIFY THE PETITION TO THE AUTHORITY NOT LATER THAN AUGUST FIFTEENTH RATHER THAN SEPTEMBER FIRST AND REQUIRE THE CANDIDATE TO CERTIFY THAT HE MEETS, OR WILL MEET BY THE TIME OF THE GENERAL ELECTION, THE QUALIFICATIONS FOR THE OFFICE SOUGHT, AND TO REQUIRE THE AUTHORITY TO WHOM THE CERTIFICATION IS MADE TO VERIFY THE QUALIFICATIONS OF EACH PETITION CANDIDATE BEFORE CERTIFICATION OF THAT CANDIDATE'S NAME TO BE PLACED ON THE BALLOT; TO AMEND SECTION 7-13-352, AS AMENDED, RELATING TO THE DATE BY WHICH STATEMENTS OF CANDIDACY MUST BE FILED, SO AS TO CHANGE THE DATE FROM NOT LATER THAN SEPTEMBER FIRST TO NOT LATER THAN AUGUST FIFTEENTH, AND REQUIRE EACH CANDIDATE TO AFFIRM IN WRITING, THAT HE MEETS, OR WILL MEET BY THE TIME OF THE ELECTION, THE QUALIFICATIONS FOR THE OFFICE SOUGHT AND REQUIRE THE AUTHORITY TO WHOM THE CERTIFICATION IS MADE TO VERIFY THE QUALIFICATIONS OF EACH CANDIDATE NOMINATED BY A STATEMENT OF CANDIDACY BEFORE CERTIFICATION OF THAT CANDIDATE'S NAME TO BE PLACED ON THE BALLOT; AND TO AMEND SECTION 7-13-355, RELATING TO THE TIME FOR SUBMITTING A REFERENDUM QUESTION TO THE APPROPRIATE ELECTION COMMISSION FOR SUBMISSION AS A REFERENDUM TO ELECTORS, SO AS TO CHANGE THE DATE BY WHICH THE QUESTION MUST BE SUBMITTED TO THE COMMISSION FROM SEPTEMBER FIRST TO AUGUST FIFTEENTH.
Be it enacted by the General Assembly of the State of South Carolina:
Nomination of candidates
SECTION 1. Section 7-11-15 of the 1976 Code, as last amended by Act 226 of 1996, is further amended to read:
"Section 7-11-15. In order to qualify as a candidate to run in the general election, all candidates seeking nomination by political party primary or political party convention must file a statement of intention of candidacy between noon on March sixteenth and noon on March thirtieth as provided in this section.
(1) Candidates seeking nomination for a statewide, congressional, or district office that includes more than one county shall file their statements of intention of candidacy with the State Executive Committee of their respective party.
(2) Candidates seeking nomination for the State Senate or House of Representatives must file their statements of intention of candidacy with the county executive committee of their respective party in the county of their residence. The county committees must, within five days of the receipt of the statements, transmit them along with the applicable filing fees to the respective State Executive Committees. Provided, however, the county committees must report all filings to the state committees no later than five p.m. on March thirtieth. The State Executive Committees must certify candidates pursuant to Section 7-13-40.
(3) Candidates seeking nomination for a countywide or less than countywide office shall file their statements of intention of candidacy with the county executive committee of their respective party.
Except as provided herein, the county executive committee of any political party with whom statements of intention of candidacy are filed must file, in turn, all statements of intention of candidacy with the county election commission by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a legal holiday, the statements must be filed by noon the following day. The State Executive Committee of any political party with whom statements of intention of candidacy are filed must file, in turn, all the statements of intention of candidacy with the State Election Commission by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a legal holiday, the statements must be filed by noon the following day. No candidate's name may appear on a primary election ballot, convention slate of candidates, general election ballot, or special election ballot, except as otherwise provided by law, if the candidate's statement of intention of candidacy has not been filed with the county election commission or State Election Commission, as the case may be, by the deadline. The candidate's name must appear if the candidate produces the signed and dated copy of his timely filed statement of intention of candidacy.
The statement of intention of candidacy required in this section and in Section 7-13-190(B) must be on a form designed and provided by the State Election Commission. This form, in addition to all other information, must contain an affirmation that the candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for the office sought. It must be filed in triplicate by the candidate, and the political party committee with whom it is filed must stamp it with the date and time received, sign it, keep one copy, return one copy to the candidate, and send one copy to either the county election commission or the State Election Commission, as the case may be.
If, after the closing of the time for filing statements of intention of candidacy, there are not more than two candidates for any one office and one or more of the candidates dies, or withdraws, the state or county committee, as the case may be, if the nomination is by political party primary or political party convention only may, in its discretion, afford opportunity for the entry of other candidates for the office involved; provided, that for the office of State House of Representatives or State Senator, the discretion must be exercised by the state committee.
The provisions of this section do not apply to nonpartisan school trustee elections in any school district where local law provisions provide for other dates and procedures for filing statements of candidacy or petitions, and to the extent the provisions of this section and the local law provisions conflict, the local law provisions control."
Notice of candidacy and pledge
SECTION 2. Section 7-11-210 of the 1976 Code, as last amended by Act 226 of 1996, is further amended to read:
"Section 7-11-210. Every candidate for selection as a nominee of any political party for any state office, United States Senator, member of Congress, or solicitor, to be voted for in any party primary election or political party convention, shall file with and place in the possession of the treasurer of the state committee by twelve o'clock noon on March thirtieth a notice or pledge in the following form, the blanks being properly filled in and the notice or pledge signed by the candidate: 'I hereby file my notice as a candidate for the nomination as __________ in the primary election or convention to be held on __________. I affiliate with the __________ Party, and I hereby pledge myself to abide by the results of the primary or convention. I shall not authorize my name to be placed on the general election ballot by petition and will not offer or campaign as a write-in candidate for this office or any other office for which the party has a nominee. I authorize the issuance of an injunction upon ex parte application by the party chairman, as provided by law, should I violate this pledge by offering or campaigning in the ensuing general election for election to this office or any other office for which a nominee has been elected in the party primary election, unless the nominee for the office has become deceased or otherwise disqualified for election in the ensuing general election. I hereby affirm that I meet, or will meet by the time of the general or special election, or as otherwise required by law, the qualifications for this office'.
Every candidate for selection in a primary election as the nominee of any political party for member of the Senate, member of the House of Representatives, and all county and township offices shall file with and place in the possession of the county chairman or other officer as may be named by the county committee of the county in which they reside by twelve o'clock noon on March thirtieth a like notice and pledge.
The notice of candidacy required by this section to be filed by a candidate in a primary must be signed personally by the candidate, and the signature of the candidate must be signed in the presence of the county chairman or other officer as may be named by the county committee with whom the candidate is filing, or a candidate must have his signature on the notice of the candidacy acknowledged and certified by any officer authorized to administer an oath. Any notice of candidacy of any candidate signed by an agent in behalf of a candidate shall not be valid.
In the event that a person who was defeated as a candidate for nomination to an office in a party's primary election shall thereafter offer or campaign as a candidate against any nominee for election to any office in the ensuing general election, the state chairman of the party which held the primary (if the office involved is one voted for in the general election by the electors of more than one county), or the county chairman of the party which held the primary (in the case of all other offices), shall forthwith institute an action in a court of competent jurisdiction for an order enjoining the person from so offering or campaigning in the general election, and the court is hereby empowered upon proof of these facts to issue an order."
Certification of names of primary candidates
SECTION 3. Section 7-13-40 of the 1976 Code, as last amended by Act 226 of 1996, is further amended to read:
"Section 7-13-40. In the event that a party nominates candidates by party primary, a party primary must be held by the party and conducted by the State Election Commission and the respective county election commissions on the second Tuesday in June of each general election year, and a second and third primary each two weeks successively thereafter, if necessary. Written certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice chairman, or secretary to the State Election Commission or the county election commission, whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on April ninth, or if April ninth falls on a Saturday or Sunday, not later than twelve o'clock noon on the following Monday. Political parties nominating candidates by party primary must verify the qualifications of those candidates prior to certification to the appropriate election commission of the names of candidates to be placed on primary ballots. The written verification required by this section must contain a statement that each candidate certified meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for office for which he has filed. Political parties must not accept the filing of any candidate who does not or will not by the time of the general election, or as otherwise required by law, meet the qualifications for the office for which the candidate desires to file, and such candidate's name shall not be placed on a primary ballot. The filing fees for all candidates filing to run in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission and placed by the executive director of the commission in a special account designated for use in conducting primary elections and must be used for that purpose. The filing fee for each office is one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater."
Ballot standards and specifications
SECTION 4. Section 7-13-320 of the 1976 Code is amended by adding an appropriately numbered subsection to read:
"( ) Each county election commission must provide a copy of each ballot style to be used for primary, general, and special elections in the absentee precinct in the county to the Executive Director of the State Election Commission not later than September fifteenth in the case of general elections, and not later than forty days prior to the date of the election in the case of special and primary elections. If the ballot styles are not available by these deadlines, the executive director must determine when absentee ballots for that county will be available. If a determination is made that absentee ballots will not be available in sufficient time to adequately effectuate absentee voting, the executive director is empowered to direct the county board of voter registration to provide the blank ballots provided by Section 7-15-360 until the regular ballots are available. The executive director must also notify the chairman of the county's legislative delegation of his findings and the action taken."
Form of general election ballot
SECTION 5. Section 7-13-330 of the 1976 Code is amended to read:
"Section 7-13-330. The arrangement of general election ballots containing the names of candidates for office must conform as nearly as possible to the following plan, with a column or columns added in case of nomination by petition and a blank column added for write-in votes, and must contain the specified instructions there set forth and no other:
GENERAL ELECTION OFFICIAL BALLOT
No. ______ ____________ COUNTY, SOUTH CAROLINA
November ____, ____
____________
Initials of Issuing Officer
OFFICIAL BALLOT
GENERAL ELECTION
___________ _______ County, South Carolina
November ____, ____
Precinct __________
INSTRUCTIONS--To vote a straight party ticket, make a cross (X) in the circle (O) under the name of your party. Nothing further need or should be done. To vote a mixed ticket, or in other words for candidates of different parties or petition candidates, omit making a cross (X) mark in the party circle at the top and make a cross (X) in the voting square [ ] opposite the name of each candidate on the ballot for whom you wish to vote. If you wish to vote for a candidate not on any ticket, write or place the name of such candidate on your ticket opposite the name of the office. Before leaving the booth, fold the ballot so that the initials of the manager may be seen on the outside of the ballot.
___________________________________________________
Nomination by
Name of Party Name of Party Petition
Names of Office 0 0 ___________________________________________________
STATE Governor Governor Governor
Governor [ ] Name of [ ] Name of [ ] Name of
Candidate Candidate Candidate
___________________________________________________
Lieutenant Lieut. Governor Lieut. Governor Lieut. Governor
Governor [ ] Name of [ ] Name of [ ] Name of
Candidate Candidate Candidate
___________________________________________________
Secretary of Sec. of State Sec. of State Sec. of State
State [ ] Name of [ ] Name of [ ] Name of
Candidate Candidate Candidate
___________________________________________________
CONGRES- U.S. Senator U.S. Senator U.S. Senator
SIONAL [ ] Name of [ ] Name of [ ] Name of
Senator Candidate Candidate Candidate
___________________________________________________
Representative U.S. Repre- U.S. Repre- U.S. Repre-
in Congress sentative sentative sentative
[ ]Name of [ ] Name of [ ] Name of
District Candidate Candidate Candidate
__________________________________________________"
Certification of candidates
SECTION 6. Section 7-13-350 of the 1976 Code, as last amended by Act 412 of 1998, is further amended to read:
"Section 7-13-350. The nominees in a party primary or party convention held under the provisions of this title by any political party certified by the commission for one or more of the offices, national, state, circuit, multi-county district, countywide, less than countywide, or municipal to be voted on in the general election, held on the first Tuesday following the first Monday in November, must be placed upon the appropriate ballot for the election as candidates nominated by the party by the authority charged by law with preparing the ballot if the names of the nominees are certified, in writing, by the political party chairman, vice-chairman, or secretary to the authority, for general elections held under Section 7-13-10, not later than twelve o'clock noon on August fifteenth or, if August fifteenth falls on Saturday or Sunday, not later than twelve o'clock noon on the following Monday; and for a special or municipal general election, by at least twelve o'clock noon on the sixtieth day prior to the date of holding the election, or if the sixtieth day falls on Sunday, by twelve o'clock noon on the following Monday. Political parties nominating candidates by primary or convention must verify the qualifications of those candidates prior to certification to the authority charged by law with preparing the ballot. The written certification required by this section must contain a statement that each candidate certified meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for the office for which he has filed. Any candidate who does not, or will not by the time of the general election, or as otherwise required by law, meet the qualifications for the office for which he has filed shall not be nominated and certified, and such candidate's name shall not be placed on a general, special, or municipal election ballot."
Nominees by petition
SECTION 7. Section 7-13-351 of the 1976 Code, as last amended by Act 412 of 1998, is further amended to read:
"Section 7-13-351. Any nominee by petition for one or more of the national, state, circuit, multi-county district, countywide, or less than countywide offices, to be voted on in the general election must be placed upon the appropriate ballot by the officer, commissioners, or other authority charged by law with preparing the ballot if the petition is submitted to the officer, commissioner, or other authority, as the case may be, for general elections held under Section 7-13-10, not later than twelve o'clock noon on July fifteenth or, if July fifteenth falls on Saturday or Sunday, not later than twelve o'clock noon on the following Monday. At the time the petition is submitted, the authority charged with accepting it shall issue a receipt to the person submitting the petition which must reflect the date it was submitted and the total number of signatures contained in the petition. The board of voter registration of each respective county must check the petition at the request of the authority charged with printing the ballot for that office and must certify the results to the authority not later than twelve o'clock noon August fifteenth or, if August fifteenth falls on Sunday, not later than twelve o'clock noon on the following Monday.
The petition of any candidate in any special election, including municipal special elections, must be submitted to the authority charged with printing the ballot for those offices not later than twelve o'clock noon on the sixtieth day prior to the date of the holding of the election, or if the sixtieth day falls on Sunday, by not later than twelve o'clock noon on the following Monday. At the time a petition is submitted, the authority charged with accepting it must issue a receipt to the person submitting the petition which must reflect the date the petition was submitted and the total number of signatures contained in the petition. The candidate submitting the petition must certify, on a form designed and provided by the State Election Commission, that he meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for the office sought. The board of voter registration of each respective county must check the petition at the request of the authority charged with printing of the ballots for that office and must certify the results thereof to the authority not later than twelve o'clock noon on the forty-fifth day prior to the date of holding the election, or if the forty-fifth day falls on Sunday, by twelve o'clock noon on the following Monday.
Once submitted for verification, a petition for nomination of a candidate for any office may not be returned to the petitioner, but must be retained by the authority to whom the petition was submitted and must become a part of the records of the election for which the petition was submitted.
In the event of an emergency declared by the Governor and the conditions precipitating the emergency declaration prevent a candidate from filing the nominating petition within the time required by this section, the candidate has an additional five days to submit the nominating petition to the appropriate office.
The authority to whom a petition is submitted must verify that qualifications of each potential petition candidate prior to certification of that candidate to be placed on the ballot. The written certification required by this section must contain a statement that each candidate certified meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for the office for which the petition is submitted. Any candidate who does not, or will not by the time of the general election, or as otherwise required by law, meet the qualifications for the office sought shall not have his name placed on the ballot."
Nominees by statement of candidacy
SECTION 8. Section 7-13-352 of the 1976 Code, as last amended by Act 412 of 1998, is further amended to read:
"Section 7-13-352. Any candidate for a nonpartisan office, multi-county district, countywide, or less than countywide, including municipal offices, to be voted on at the time of the general election, who qualifies by statement of candidacy shall file the statement of candidacy with the authority responsible by law for conducting the election not later than twelve o'clock noon on August fifteenth or, if August fifteenth falls on Saturday or Sunday, not later than twelve o'clock noon on the following Monday. Each candidate must affirm, in writing, that he meets, or will meet by the time of the election, or as otherwise required by law, the qualifications for the office sought. The authority with whom statements of candidacy are filed must verify that each candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for the office sought. Any candidate who does not, or will not by the time of the general election, or as otherwise required by law, meet the qualifications for the office sought shall not have his name placed on the ballot."
Referendum questions, time for submitting
SECTION 9. Section 7-13-355 of the 1976 Code, as added by Act 131 of 1987, is amended to read:
"Section 7-13-355. No question may be submitted to the qualified electors in a referendum held at the time of a general election unless the question is submitted to the appropriate election commission to be placed on the ballot no later than 12:00 noon on August fifteenth or, if August fifteenth falls on Saturday or Sunday, not later than 12:00 noon on the following business day."
Time effective
SECTION 10. This act takes effect upon approval by the Governor.
Ratified the 1st day of March, 2000.
Approved the 7th day of March, 2000.
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